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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to boating safety; amending s. 2
327.395, F.S.; requiring the Fish and Wildlife 3
Conservation Commission to develop and publish an 4
educational pamphlet relating to boating safety 5
education; providing requirements for the pamphlet; 6
amending s. 327.4108, F.S.; prohibiting the anchoring 7
of vessels within a specified distance of single -8
family residences in certain areas; providing an 9
exemption from specified anchoring limitations for 10
residential docking facilities, marinas, and existing 11
mooring fields; revising anchoring limitation areas in 12
certain sections of Biscayne Bay in Miami -Dade County; 13
amending s. 327.54, F.S.; conforming a cross -14
reference; requiring liveries to provide hands -on 15
instruction that meets specified requirements; 16
providing an exemption from certain safety 17
requirements if renters or lessees hire a professional 18
captain; requiring a livery to either obtain and carry 19
insurance that also insures renters or offer renters 20
the opportunity to purchase specified liability 21
coverage; requiring a livery to obtain a specified 22
acknowledgement from renters upon refusal of such 23
coverage; conforming a provision to changes made by 24
the act; amending s. 327.731, F.S.; requiring a person 25
CS/CS/CS/HB 261, Engrossed 1 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
convicted of certain noncriminal boating infractions 26
to complete a boating safety course; providing an 27
effective date. 28
29
Be It Enacted by the Legislature of the State of Florida: 30
31
Section 1. Subsection (12) is added to section 327.395, 32
Florida Statutes, to read: 33
327.395 Boating safety education. — 34
(12) The commission shall develop and publish on its 35
website an educational pamphlet that relates to the importance 36
of boating safety education and promotes voluntary enrollment in 37
a boating safety educational course. At a minimum, the pamphlet 38
must include: 39
(a) An overview of the importance of boating safety 40
education and navigational rules. 41
(b) An overview of boating safety and the proper use of 42
safety equipment. 43
(c) An overview of the dangers of careless operation of a 44
vessel or operating overloaded vessels. 45
(d) An overview of the proper use and lifesaving benefits 46
of an engine cutoff switch for motorboats and personal 47
watercrafts. 48
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(e) The importance of not operating vessels while under 49
the influence of alcoholic beverages, chemical substances, or 50
controlled substances. 51
Section 2. Subsection (1) of section 327.4108, Florida 52
Statutes, is amended to read: 53
327.4108 Anchoring of vessels in anchoring limitation 54
areas.— 55
(1) The following densely populated urban areas, which 56
have narrow state waterways, res idential docking facilities, and 57
significant recreational boating traffic, are designated as and 58
shall be considered to be grandfathered -in anchoring limitation 59
areas, within which a person may not anchor a vessel at any time 60
during the period between one -half hour after sunset and one -61
half hour before sunrise or at any time within 100 yards of a 62
single-family residence in the areas identified in paragraphs 63
(b) and (c), except within residential docking facilities, 64
marinas, or existing mooring fields and as provided in 65
subsections (4) and (5): 66
(a) The section of Middle River lying between Northeast 67
21st Court and the Intracoastal Waterway in Broward County. 68
(b) Sunset Lake in Miami -Dade County. 69
(c) The sections of Biscayne Bay in Miami -Dade County 70
lying between: 71
1. Rivo Alto Island and Di Lido Island. 72
2. San Marino Island and San Marco Island. 73
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3. San Marco Island and Biscayne Island. 74
4. Di Lido Island and San Marino Island. 75
5. Sunset Islands and Star Island. 76
Section 3. Subsections (4) th rough (12) of section 327.54, 77
Florida Statutes, are renumbered as subsections (5) through 78
(13), respectively, subsection (2), paragraph (e) of subsection 79
(3), and present subsections (7) and (8) are amended, and a new 80
subsection (4) is added to that sectio n, to read: 81
327.54 Liveries; safety regulations; penalty. — 82
(2) A livery may not offer a vessel for lease or rent 83
without first being issued a no -cost livery permit by the 84
commission. The permit must be renewed annually. To qualify for 85
issuance or renewal of a livery permit, an applicant must 86
provide the commission with a list of all vessels offered by the 87
livery for lease or rent by another, have valid insurance 88
pursuant to subsection (8) (7), have an amount of United States 89
Coast Guard-approved lawful personal floatation devices on site 90
sufficient to accommodate the capacity of all vessels offered by 91
the livery for rent or lease by another, have on site all safety 92
equipment required by s. 327.50 and the Code of Federal 93
Regulations sufficient to equip al l vessels offered by the 94
livery for rent or lease by another, and display the information 95
required by paragraph (3)(f). If, before the annual renewal of 96
the permit, the information required by this subsection changes, 97
the livery must provide the commission with the updated 98
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
information within 10 days after the change. 99
(a) The commission may adopt rules to implement this 100
subsection. 101
(b) A person who violates this subsection commits a 102
misdemeanor of the first degree, punishable as provided in s. 103
775.082 or s. 775.083. 104
(3) A livery may not knowingly lease or rent a vessel to 105
any person: 106
(e) Unless the livery provides hands-on pre-rental or pre-107
ride instruction in compliance with rules established by the 108
commission. 109
1. The instruction must include, but need not be limited 110
to: 111
a. Operational characteristics of the vessel to be rented. 112
b. Safe vessel operation and vessel right -of-way. 113
c. The responsibility of the vessel operator for the safe 114
and proper operation of the vessel. 115
d. Local characterist ics of the waterway where the vessel 116
will be operated, such as navigational hazards, the presence of 117
boating-restricted areas, and water depths, and education on any 118
safety, regulatory, information, or navigation markers in the 119
geographic vicinity. 120
e. Emergency procedures, such as appropriate responses to 121
capsizing, falls overboard, taking on water, and vessel 122
accidents. 123
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
f. Proper use of personal floatation devices. 124
g. A notice of the prohibition against boating under the 125
influence pursuant to s. 327. 35. 126
2. Any person receiving instruction in the safe handling 127
of livery vessels pursuant to this paragraph must provide the 128
livery with a written statement attesting to each component of 129
the instruction. 130
a. The commission shall establish by rule the con tent of 131
the statement form. 132
b. The statement form must be signed by the individual 133
providing the instruction. 134
c. The livery shall maintain the statement form for no 135
less than 90 days and, upon request, make the form available for 136
inspection by law enfo rcement. 137
(4) If a renter or lessee retains a professional captain 138
who holds an active license issued by the United States Coast 139
Guard to command the vessel as required by an agreement between 140
the livery and the renter or lessee, and the livery confirms 141
that a professional captain has been retained, the renter or 142
lessee and the livery are not subject to paragraph (3)(e). 143
(8)(7) A livery may not lease or rent or offer to lease or 144
rent any livery vessel unless the livery : first 145
(a) Obtains and carries in full force and effect a policy 146
from a licensed insurance carrier in this state which insures 147
the livery and the renter against any accident, loss, injury, 148
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
property damage, or other casualty caused by or resulting from 149
the operation of the livery vessel. The insurance policy must 150
provide coverage of at least $500,000 per person and $1 million 151
per event. The livery shall ha ve proof of such insurance 152
available for inspection at the location where livery vessels 153
are being leased or rented, or offered for lease or rent, and 154
shall provide to each renter the insurance carrier's name and 155
address and the insurance policy number ; and 156
(b) Either: 157
1. Obtains and carries in full force and effect a policy 158
from a licensed insurance carrier in this state which insures 159
the renter in the same manner and amounts of the policy obtained 160
by the livery under paragraph (a) and provides to each renter 161
the insurance carrier's name and address and the insurance 162
policy number; or 163
2. Presents the renter with the opportunity to purchase 164
coverage which insures the renter against any accident, loss, 165
injury, property damage, or other casualty caused b y or 166
resulting from the operation of the livery vessel of at least 167
$500,000 per person and $1 million per event. If a renter 168
chooses not to purchase the coverage, the livery must obtain a 169
signed acknowledgement from the renter which includes the 170
following statement: 171
172
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
I understand that I am refusing to purchase a vessel 173
rental insurance policy for coverage of at least 174
$500,000 per person and $1 million per event for any 175
damage or injuries caused directly or indirectly by my 176
operation of the vessel. 177
178
The vessel rental insurance policy coverage is being 179
offered to me at the following price: [INSERT BINDABLE 180
PRICE HERE OF INSURANCE BEING DECLINED]. 181
182
I understand that I may not have other insurance to 183
cover any damage or injuries caused directly or 184
indirectly by my operation of the vessel and that I 185
may be personally liable for any such damage or 186
injuries during the rental period . 187
188
This subsection does not apply to human -powered vessels. 189
(9)(8) Notwithstanding the person's age or any exemptions 190
provided in s. 327.395, any person delivering instruction 191
regarding the safe operation of vessels or hands-on pre-rental 192
or pre-ride instruction in accordance with subsection (3) must 193
have successfully completed a boating safety education course 194
approved by the National As sociation of State Boating Law 195
Administrators and this state. 196
Section 4. Subsections (2), (3), and (4) of section 197
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
327.731, Florida Statutes, are renumbered as subsections (3), 198
(4), and (5), respectively, subsection (1) and present 199
subsection (3) are am ended, and a new subsection (2) is added to 200
that section, to read: 201
327.731 Mandatory education for violators. — 202
(1) A person convicted of a criminal violation under this 203
chapter, convicted of a noncriminal infraction under this 204
chapter if the infraction resulted in a reportable boating 205
accident, or convicted of a two noncriminal infraction 206
infractions as specified in s. 327.73(1)(h) -(k), (m), (o), (p), 207
and (s)-(y), the infractions occurring within a 12 -month period, 208
must: 209
(a) Enroll in, attend, and suc cessfully complete, at his 210
or her own expense, a classroom or online boating safety course 211
that is approved by and meets the minimum standards established 212
by commission rule; 213
(b) File with the commission within 90 days proof of 214
successful completion of t he course; and 215
(c) Refrain from operating a vessel until he or she has 216
filed proof of successful completion of the course with the 217
commission.; and 218
(2)(d) A person convicted of a criminal violation under 219
this chapter, convicted of a noncriminal infract ion under this 220
chapter if the infraction resulted in a reportable boating 221
accident, or convicted of two noncriminal infractions as 222
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
specified in s. 327.73(1)(h) -(k), (m), (o), (p), and (s) -(y), 223
the infractions occurring within a 12 -month period, must pay a 224
fine of $500. The clerk of the court shall remit all fines 225
assessed and collected under this subsection paragraph to the 226
Department of Revenue to be deposited into the Marine Resources 227
Conservation Trust Fund to support law enforcement activities. 228
(4)(3) The commission shall print on the reverse side of 229
the defendant's copy of the boating citation a notice of the 230
provisions of this section. Upon conviction, the clerk of the 231
court shall notify the defendant that it is unlawful for him or 232
her to operate any vessel until he or she has complied with this 233
section, but failure of the clerk of the court to provide such a 234
notice shall not be a defense to a charge of unlawful operation 235
of a vessel under subsection (3)(2). 236
Section 5. This act shall take effect July 1, 2023. 237